


^"^l 



I 



THE 



..,.,,.^. .,,,,.., a:^ 








(■?S1. 



~;^- 



OF 



NEAV JERSEY. 



PUBLIC PROPERTY, 

rO BE DELIVERED BY EACH OFFICER TO HLS SUCCESSOR. 
t 



TRENTON: 

MURPHV & BECHTEL, STEAM BOOK AND JOB PRIXTERS. 
187 I. 



^^^ 



.K53 



JL IsT JL O T 



TO ESTABLISH 






T -1 



Mil 



STATE OF NEW JERSEY, 



WITH THE 



ri 



« ^cliool let and oilxn %u 



PKEPAEED IN PUESUAKCE OF LAW, BY THE 



STATE SUPERINTENDENT OF PUBLIC INSTRU 




USE AND GOVERNMENT OF COUNTY, TOWN AND DISTRICT 
SCHOOL OFFICERS. 



To be Preserved and Delivered by each Oflacer to his Successor. 



TRENTON, N. J.: 

MURPHT & BECHTEL, 6TEAM BOOK AND JOB PRINTERS — STATE GAZETTE OFFICE. 



1871. 






H 



f 



Department of Public Instruction, "| 

Office of State Superintendent, v 

Trenton, N. J., May 1, 1871. J 

A copy of this volume will be furnished to each school or 
county officer having duties to discharge under the School Law. 

E. A. APGAR, 

State Superintendent of Public Instruction. 



THE SCHOOL LAW. 



An Act to establish a sj^stem of Public Instruction. 

Approved March 21, 1887. 

ARTICLE I. 

STATE BOARD OF EDUCATION. 

1. Be IT ENACTED by the Senate and General Assembly off^^^^^'^°^^^ 
the State of New Jersey, That the general supervision andtion, how 
control of public instruction in the State of Kew Jersey °°™^°^® " 
shall be vested in a State Board of Education, which 
board shall consist of the Trustees of the School Fund, 
the Trustees of the State IS^ormal School, appointed as 
hereafter provided, together with the treasurer thereof. 
, 2. And be it enacted, That the State Board of Education Powers and 
shall have power, and it shall be their duty : 

I. To frame and modify at pleasure such by-laws as 
may be deemed expedient for their own government, 
not inconsistent with the provisions of this act, and to 
prescribe and cause to be enforced all rules and regula- 
tions necessary for carrying into effect the school laws of 
this State ; 

II. To consider the necessities of the public schools, 
and recommend to the Legislature, from time to time, 
such additions and amendments to the laws as are 
deemed necessary for perfecting the school system of 
the State ; 

III. To appoint the State Superintendent of Public 
Instruction ; 

IV. To appoint the County Superintendents of the 
several counties of the State, subject the approval of the 
Board of Chosen Freeholders of the several counties, at 
their first meeting after the appointments by the State 
Board, but in all cases where no action is taken by any 
Board of Chosen Freeholders, approving or disapproving, 
then the appointments made by the State Board shall be 
valid without such approval ; 

V. To prescribe all rules and regulations for holding 
teachers' institutes ; 



6 SCHOOL LAW. 

VI. To order all necessary repairs to the grounds,, 
buildings and furniture of the State Normal School, and 
to keep said buildings and furniture insured, and the- 
comptroller shall draw warrants for the payment of the 
same, upon the certificate of the president of said board ; 
YII. To authorize the payment by the State Treasurer, 
upon the warrant of the State Comptroller, of all the 
necessary incidental expenses incurred by the State 
Superintendent in the performance of his official duties; 
VIIL To decide all appeals from the decisions of the 
State Superintendent of Public Instruction, 
compenea- 3. And be it enacted, That the members of the board 
*^*'°* shall receive no compensation for their services, but the 

State Treasurer shall pay the necessary expenses of the 
said members, upon the warrant of the State Comptroller. 
Annual re- ^- ■^^^' ^^ ^^ euacted, That the board shall report 
poi't- annually to the Legislature in regard to all matters 

committed to their care. 

ARTICLE II. 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

State Super- 5. Aud bc U enacted, That the State Superintendent of' 
how"eiTcted,P^^^^° Instruction shall be elected by the State Board 
termofofficeof Educatiou, by ballot, and shall hold office during the 
^^' pleasure of the board, not to exceed the term of three 
years, receiving annually a salary of two thousand 
dollars ; jirovided, that nothing herein contained shall 
prevent his re-election. 
Location of 6. And be it enacted, That he shall be required to have 
office. ]^-g Q^gQ -^ ^i^Q g|.^^g House, in Trenton. 

To carry out 7. And bc it euactcd, That it shall be his duty to carry 
tfoM'of'the'out the instructions of the board, and to enforce all rules 
Board. and regulations prescribed by them. 
Officer ex 8. And bc it enacted. That he shall be ex-officio secretary 
officio. Qf ^i^Q Board of Education, president of the State Asso- 
ciation of School Superintendents, and a member ot the 
State Board of Examiners, and of all count}'- and city 
boards of examiners. 
Supervision 9. And bc it enacted. That he shall have the supervision 
of schools. Qf ^11 ^j-^g schools of the State receiving any part of the 
State appropriation, and shall be the general adviser and 
assistant of the County Superintendents ; he shall, from 
time to time, as he shall deem for the interest of the 
schools, address circular letters to said Superintendents, 
giving advice as to the best manner of conducting 
schools, constructing school houses, furnishing the same,, 
and procuring competent teachers. 



SCHOOL LAW. T 

10. And be it enacted, That the State Superintendent, siiperm- 
nnder the direction of the Trustees of the School Fund, appoi-tfo^" 
shall apportion to the several counties the State school ^*'^'° ^^^°°^ 

T • ^ 1 -iii'i • nioneya to 

moneys to which each may be entitled, which apportion- the counties. 
ment shall be made in tlie ratio of the number oftree%ciiooi°^' 
children between the ages of five and eighteen in the^'''^^''^ 
said counties, as ascertained by the last annual report of 
tbe State Superintendent; he shall furnish to the State 
Comptroller, and to the Connt}^ Superintendent, and the 
County Collector of each county, an abstract of such 
apportionment, and shall draw his order on the State 
Comptroller for^the amount to which each county is 
entitled, in favor of the County Collector of said county. 

11. And be it enacted, That he shall have power, and it^henand 
shall be his duty to direct and cause the County Super- ^^o^^'^'^oo^ 

-, ^ " T-ii/^m moneys are 

mtendent ot any county, or any i>oard of Trustees or to be wuh- 
other school officers, to withhold from any officer, orsec'iandii 
district, or teacher, that part of the State appropriation J^f.^f ^°''°°^ 
derived from the revenue of the State, until such officer, 
district or teacher shall have complied with the provisions 
of this act and its supplements relating to his, its or their 
duties, and with all the rules and regulations made in 
pursuance thereof by the State Board of Education ; he 
shall forbid the payment of said part of the State appro- 
priation to any district in which the school or schools 
have not been kept according to law, or in which a public ^^ schools to 
school has not been kept for at least five months during j-^e' months'! 
the year next preceding the demand for pajmient. 

12. And be it ejiacted, That he shall prepare and cause snperin- 
to be printed suitable forms for making all reports andff,rnfs'h *° 
conducting all necessary proceedings under the school ^g^°°^i°fj^. 
laws of this State, shall transmit them to the local school sti-nctions, 
officers and teachers; he shall cause all school laws to fo?ms! '^''' 
be printed in pamphlet form, and shall annex thereto 

the forms for making reports and conducting school 
business. 

13. And be it enacted^ That he shall decide, subject to to decide 
appeal to the State Board of Education, and without '^"^""''* 
cost to the parties, all controversies or disputes that may 
arise under the school laws of the State, or under the 
rules and regulations prescribed by the State Board of 
Education, the facts of Avhich controversies or disputes 
shall be made known to him by written statements by 

the parties thereto, verified by oath or affirmation, if 

* The free school law requires the schools to be kept open nine months each year. 
See Sec. 1. 



8 SCHOOL LAW. 

required, and accompanied by certified copies of all 

documents necessary to a full understanding of the 

question in dispute ; and bis decision sball be binding 

until a different decision shall be given by the State 

Board of Education. 

To collect 14. And be it enacted, That he shall preserve in his ofiice 

a°°araTus sucli scliool books, apparatus, maps, charts, works on 

education, plans for school buildings, and other articles 

of interest to school officers or teachers, as may be 

procured without expense to the State. 

To file and ^^' ^''^^ ^^ ^"^ euacted, That he shall file all school 

preserve rcports of tliis Statc, and of other States which may be 

ments. scut to his officc, and shall keep a record of all the acts 

connected with his official duties, and preserve copies of 

all the decisions given by him. 

To provide a 16. Aud be it enacted, That he shall provide a seal with 

office.^"' ^'''suitable device for use in his ofiice, by which all his 

official acts and decisions may be authenticated. 

To make an 17. And be it enacted, That he shall report to the State 

annua le- j^Q^p^j qj^ Educatiou, at its auuual meeting in December 

of each year, a statement of the condition of the public 

schools, and of all the educational institutions receiving 

support from the State, which report shall contain full 

statistical tables of all items connected with the cause of 

education that may be of interest to the school officers 

or people of the State, together with such plans and 

suggestions for the improvement of the schools and the 

advancement of public instruction in the State as he 

shall deem expedient. 

To deliver 18. A7id bc it eiiactecl, That he shall, at the expiration 

inXs^officc^f his term of ofiice, deliver to his successor his ofiicial 

to his sue- seal, together with all property, books, documents, maps, 

records, reports, and other papers belonging to his ofiice, 

or which may have been received by him for the use of 

his office. 

ARTICLE III. 



Couuty 



Sii- 



COUKTY SUPERINTENDENTS. 

19. And be it enacted, That the State Board of Educa- 
perintend" tioii shall appoint for each county one person, as provided 
appointed, in the fourth provision of section two, of suitable attain- 
ficT°*°^" nients, as the County Superintendent of public schools 

for that county, who shall hold office during the pleasure 

of the board, not to exceed the term of three years ; 

■provided, that nothing herein contained shall prevent his 

reappointment. 



SCHOOL LAW. , 9 

20. And be it enacted, That the yearly salary of the salary of 
County Superintendent shall be at the rate of ten cents perinlLd"' 
for each child in the county between the ages of five and'"'^'^- 
eighteen, as ascertained in the last annual report of the 

State Superintendent, which salary shall be paid by the 
county collector, on the warrant of the State Superin- 
tendent ; provided, that the salary shall in no case be less 
than five hundred dollars, nor more than twelve hundred 
dollars ; and provided, that in case any city shall have a 
City Superintendent of schools, who is not also the 
County Superintendent, the children belonging to such 
city shall not be counted in determining the salary of 
the County Superintendent; and the supervision of the 
schools of said city, which would otherwise belong to 
the County Superintendent, shall devolve upon the City 
Superintendent. 

21. And be it enacted. That the County Superintendent schooi 

1 11 • 11 ,1 1 J 1 • f. moneys, now 

shall apportion annually among the several townships ot apportioned 
his county, and to the city or cities therein, not included*aa°cme^.''' 
in said townships, under the direction of the Board of(.^®^g^^«^^^j°*' 
Chosen Freeholders, the school moneys belonging toiaw.) 
said county, in the ratio of the number of children 
between the ages of five and eighteen, as ascertained by 
the last preceding annual report of the State Superin- 
tendent of Public Instruction. 

22. And be it enacted, That he shall further apportion iiow appor- 
among the several school districts of each township, thegXoo'idL- 
State appropriation to which they are entitled, together *i^^°*1-q/|4® 
w'ith the township appropriation, in the ratio of the schooiiaw.) 
number of children between the ages of five and 
■eighteen, as reported by the district clerk. 

23. And be it enacted, That he shall issue orders on thecounty^sii- 
<30unty collector in favor of each township collector, ent to issue 
iind of each city treasurer, for that portion of the State °chooi ""^ 
appropriation to which said township or city is entitled; ™°J^''f^^|''® 
and shall file with each township collector and the clerk of free school 
of each school district, in any township, a copy of the ' 
apportionment of the township school funds made by 

him for said township, within twenty days after making- 
said apportionment. 

24. And be it enacted. That he shall examine and license to license 
teachers, fix the boundaries of school districts, divide change"' 
and unite districts, form new districts, provide for graded trl^cTsI 4"' 
schools, and discharge other duties of general super- 1^™;^^'^^^'^^" 
vision and superintendence over the public schools ofsciioois. 
the county, in accordance with the regulations prescribed 

from time to time by the Stale Board of Education. 



10 , SCHOOL LAW. 

To appoint 25. And be it enacted, That he shall have power, and it 

fiuvacan" shall be his duty, to appoint trustees for any district 

cies. which for any cause fails to elect at the regular time ; to 

appoint trustees to fill vacancies ; to appoint the first 

trustees for unj new district ; provided, however, that when 

a new district is organized, such of the trustees of the 

old district as reside within the limits of the new one 

shall be trustees of the new one, and the vacancy in the 

old district shall be filled by his appointment. 

To withhold 26. And be it enacted, That he shall have power to 

moneys. (See wi^^^tio^d that part of the State appropriation derived 

sec'siandiifi^oi-jLi the revcnuc of the State from any district in whieli 

of free school , . , , . _ . , . . • i ', i n • i t 

law.) the inhabitants fail to provide a suitable school buildmg 

and outhouses, or in which the existing buildings shall 
be pronounced by him and a majority of the trustees 
unfit for use ; and for that purpose he may serve a notice 
on the township collector to withhold the payment of 
the same from such district. 
To appoint 27. And be it enacted, That it shall be the duty of the' 
A^Houiturai ^'^^^'^^3' Superintendent, at such time and place as the 
College. State Superintendent may appoint, to examine such 
candidates for State scholarships at the Agricultural 
College, as may present themselves, and the candidates 
shall be subjected to such examination as the faculty of 
the said college and State Superintendent shall prescribe ; 
and the candidates who shall receive certificates of 
appointment to the Agricultural College in any one 
county, shall be those who obtain on such examination 
the highest average for scholarship ; and the number of 
certificates thus granted shall in no case exceed the 
number of State scholarships to which such county is 
entitled. 
To give ad- 28. And be it enacted, That in all controversies arising 
"''"■ under the school law, the opinion and advice of the 

County Superintendent shall first be sought, and from 
him appeal may be made, if necessary, to the State 
Superintendent of Public Instruction. 
state Associ- 29. A7id bc it enacted, That the County and City Super- 
School su- intendents shall together constitute an association, to be 
pmntend- (,jj^|[g(-] (.(. rp|-^Q State Association of School Superintend- 
ents," which association shall meet at such times and 
places as the State Board of Education may appoint, and 
at such other times as they may agree upon. 
To make an 30. And be it cnactcd. That each County Superintendent 
port!**'"^^" ^^*^ QSich. City Superintendent, on or before the first of 
October of each year, shall make an annual report to 



SCHOOL LAW. 11 

the State Superintendent, in the manner and form 
prescribed by him. 

ARTICLE IV. 

SCHOOL TRUSTEES. 

31. And be it enacted, That an annual meeting foi" ^^^^^^jJ^g^^'/^-i 
election of school trustees shall be held in each district how^'e'i^ctea. 
on the first Monday in September of each year, at the 
district school house, if there be one, and if there be 

none, at a place to be designated by the district clerk, 
who shall post notices thereof, specifying the day, time, 
object and place of such meeting, in at least three public 
places in the district, one of which shall be at the school % 

house, if there be one, at least five days previous to the 
time of meeting ; the voters shall be legal voters of the 
district, and a plurality of votes shall elect ; and no 
person shall be eligible to the office of trustee, unless he 
is a resident in the district. 

32. And be it enacted, That in all districts in which Term °f 
elections have been previously held, one trustee shall be 
elected for the term of three years, and if there are 
vacancies to be filled, a sufficient number shall bo elected 

to fill them for the unexpired terms. 

33. Aiid be it enacted, That in new districts acting Trustees,^^^^^ 
under trustees appointed by the County Superintendent, iVne^v dS- 
three trustees shall be elected, for one, two and three *''"'*^' 
years respectively ; the term of office of any trustee 
which would otherwise expire in April of any 3'ear, 

shall expire on the first Monday of September of the 
same year. 

34. And be it enacted. That each Board of Trustees cistnct^^^^^ 
shall, within ten days after the annual election, meet atandhW 
the school house, or at some other convenient place, and'^^®'^''^'^* 
proceed to elect one of their number clerk of the board, 

who shall be known and referred to as " district clerk;" 
and on their fcdlure to do so, the County Superintendent 
shall appoint said clerk 

35. And be if. enacted. That he shall record, in a suitable Duties of tha 

District 

book, all proceedings of the board, and of the annual cierk. 
school meetings, and of special school meetings; and 
pay out, by orders on the township collectors, in the 
manner prescribed by law, all school moneys of the 
district, whether received from the State, township or 
district; he shall keep a correct and detailed account of count* s"-- 
all expenditures of school moneys in his district, an d perintend" 
report the same to the County Superintendent, and also''"*" 



12 SCHOOL LAW. 

to the township committee ; at each annual school 

meeting he shall present his record book and his accounts 

for public inspection, and shall make a statement of the 

financial condition of the district and of the action of 

the trustees. 

District cen- 36. Ahd be U enacted, That he shall take annuallj^, in 

dreD°how '" the month of August, between the first and twentieth 

vIaI!^""^ day of said month, an exact census of all children 

residing in the district between the ages of five and 

eighteen, not including the children who may be inmates 

of poor houses, asylums or alms houses, and shall specify 

the names and ages of such children, and the names of 

their parents or guardians; (all children who may be 

absent from home, attending colleges, boarding schools 

and private seminaries of learning, shall be included in 

the census list of the city, town or district in which their 

pjarents or guardians reside, and not be taken by the 

district clerk of the cit}^ town or district where they 

may be attending such institutions of learning) ; and 

(County su-that lic shall make a full report thereof, verified by him 

ent'airtho"- uudcr oatli or atiirmation that the same is correct and 

rizedto^ true, on the blanks furnished for that purpose, to the 

oath iu 'gee. County Superintendent, on or before the first day of 

schooiTaw.) September next after his appointment, and keep a copy 

(See Sec. 12 of thc sauic for the use of the School Trustees, and shall 

of free school • c i • • i i- ^i t") i 

irnv relative receive tor his services such compensation as the Loard 
to reports.) ^^ Trustccs may allow. 

Schools, how 37. And he it enacted, That he shall keep the school 

kepfinVe-"'' buildings in repair ; he shall provide the necessary fuel, 

p'"'' and obtain for the schools such supplies of crayons for 

blackboards, for the use of the pupils, as are necessary 

in carrying out the course of study prescribed therein ; 

which repairs and supplies shall be paid for out of the 

moneys raised by the district. 

j^rame of 38. And he it enacted, That every school district shall 

trict." ''" be known by the name and number assigned to it by the 

County Superintendent, in accordance with the general 

regulations of the State Board of Education, and the 

Trustees thereof shall be a body corporate, to be called 

Title and and kuowm by the name of "The Trustees of School 

Tiu^^ees? Dlstrict Isumbcr — , in the county of ," and shall 

be capable of suing and being sued in all courts and 
places whatever, and of purchasing, holding and con- 
veying real and personal property for the use and benefit 
of the schools of such district, and may have a corpo- 
rate seal. 



SCHOOL LAW. ^ 13 

89. And be it enacted, That tlie Board of Tru^stees ofnuuesuf 
any school district shall have power, and it shall be ^''"^^''''^" 
their duty : 

I. To employ and dismiss teachers, janitors, mechanics to employ^ 
and laborers, and to fix, alter, allow and order paid their ^*''' ' 
salaries and compensations ; 

II. To make and enforce roles and regulations not in to enforce 
conflict with the general regulations of the State Board Board! 
of Education, for the government of schools, pupils and 
teachers ; 

IIL To erect school buildings, and purchase, lease or to erect 
sell school lots, as they may be directed by a two-third i'ngs^etc"'' 
vote of the district ; 

IV. To rent, furnish, and repair school buildings, andTojent 

' . - ' -i ~ ' school buila- 

keep the same insured ; ings, etc. 

V. To purchase personal property, and to receive, to purchase 
lease and hold in fee, in trust for their district, any anderty.°' '^^°'^' 
all real or personal property, for the benefit of the 
schools thereof; 

VI. To enforce the regulations prescribed by the State to prescrfb* 
Board of Education ; and, in connection with the County books!'' 
Superintendent, to prescribe the course of study to be 
pursued, and a uniform series of text books to be used 

in the school or schools under their charge ; 

VII. To suspend or expel pupils from school ; 

VIII. To provide books for indigent children ; 

IX. To require all pupils to be furnished with suitable 
books, as a condition of membership in the school ; 

X. To require every teacher to keep a State school 
register ; 

XL To call a special meeting of the legal voters of to cai' spe- 
the district, at any time when, in the judgment ot said meetings.^ 
Trustees, the interests of the school may require it ; freesch'oo'i'' 
which meeting shall be called in the manner provided '"^'-^ 
in section eighty of this act for calling the annual district 
meeting ; and no business shall be transacted at said 
special meeting except such as has been set forth in the 
notices by which said meeting was called ; 

XII. To permit a school house to be used for other 
than school purposes, when a majority of the Trustees 
present shall so agree, at a meeting regularly called for 
that purpose. 

XIII. To make an annual report, on or before the first Jo^mj-ji^^e/" 
of September, to the County Superintendent, in the port. ^(Ser^ 
manner and form prescribed by the State Superintendent School i:nv.7 
of Public Instruction. 



14 



SCHOOL LAW. 



Townsliip 
Board of 
Trustees, 



Teacher to 
keep a 
School Reg- 
ister. 



To present 
School Reg- 
ister to Dis- 
- trict Clerk. 



Toehold a 
teacher's 
certificate. 



School 
month, 
boliday8,etc 



40. And be it enacted, That the District Trustees of each, 
township shall toi>;ether constitute an association, to be 
called " The Township Board of Trustees;" said Board 
shall meet at such times and places as the County Super- 
intendent may appoint, for the purpose of hearing from 
him communications and suggestions in regard to the 
management of the schools, and of submitting to him 
questions for advice or opinion relating to the same. 

ARTICLE V. 

TEACHERS. 

41. And be it enacted. That every teacher of a public 
school shall keep a school register in the manner pro- 
vided therefor, and no salary shall be paid to such teacher 
until said register is exhibited to the district clerk, or 
other ofiicer authorized to make payment, and until said 
oihcer finds, by examination, that the register has been 
properly kept for the time for which salary is demanded, 
and enters upon the register a certiiicate to that effect. 

42. And be it enacted, That every teacher who shall 
leave a school before the close of the school year, shall, 
at the time of leaving, make to the County Superin- 
tendent a report of the school for all that portion of the 
current school year that the school has been in his or 
or her charge, and shall, at the same time, give a dupli- 
cate of said report and surrender the school register to 
the district clerk, and any teacher who may be teaching 
any school at the close of the school year, shall, in his or 
her annual report, include all the statistics from the 
school register for the entire school year, notwithstanding 
any previous report for a part of the year ; no school 
money shall be paid to any teacher for the last month of 
his or her services until the report herein required shall 
have been made and received, and the register exhibited ; 
provided^ that in graded schools, in which there are more 
teachers than one, the principal teacher alone shall be 
responsible for the school report and register. 

43. And be it enacted, That no teacher shall be entitled 
to any salary unless such teacher shall be the holder of 
a proper teacher's certiiicate, in full force and effect. 

44. And be it enacted, That in every contract, whether 
written or verbal, between any teacher and Board of 
Trustees, a school mouth shall be construed and taken 
to be twenty school days, or four weeks of iive school 
days each ; and no teacher shall be required to teach 
school on Christmas day, the first day of January, the 



SCHOOL LAW. 15 

fourth day of July, and such days of fasting or thanks- 
giving as may be appointed by the President cf the 
"United States or the Governor of this State ; and no 
deduction from the teacher's time or wages shall be 
made by reason of the fact that a school day happens to 
be one of the days referred to in this section ; any 
■contract made in violation of this section, shall have no 
force or effect as against the teacher. 

45. And be it enacted^ That every teacher shall have Pupiis heid 
power to hokl every pupil accountable, in school, for any ''°*^°'^'^*^^''^" 
disorderly conduct on the way to or from school, or on 

the play grounds of the school, or during recess, and to 
suspend from school any pupil for good cause ; j97'o?;f<ifi/, 
that such suspension shall be reported by the teacher to 
the Trustees as soon as practicable ; and if such action 
is not sustained by them, the teacher may appeal to the 
■County Superintendent, whose decision shall be final. 

46. And be it enacted^ That in case of the dismissal of Dismissal of 
any teacher before the expiration of any contract entered. 

into between such teacher and Trustees, the teacher 
shall have the right of appeal to the County Superin- 
tendent, and if the County Superintendent shall decide 
that the removal was made without good cause, said 
teacher shall be entitled to compensation for the full 
time for which the contract was made ; but it shall be 
optional with the Trustees whether he or she shall or 
shall not teach for the unexpired term. 

ARTICLE VI. 

PUPILS. 

47. And be it enacted, That pupils of the public school pupiis to 
shall comply with the regulations established in pursu-theaithor- 
ance of law for the government of such schools; shall '^*^y°[J'^'* 
pursue the course of study and use the series of text 
books prescribed by the Trustees and County Superin- 
tendent, and shall submit to the authority of the 
teachers ; continued and wilful disobedience, or open defi- 
ance of the authority of the teacher, the use of habitual 
profanity or obscene language, shall constitute good cause 

for suspension or expulsion from school; any pupil who 
shall in any way cut, deface, or otherwise injure any 
school house, fences, or outbuildings thereof, shall be 
liable to suspension and punishment; and the parents of 
such pupil shall be liable for damages to the amount of 
injury, on complaint of the teacher, the amount to be 
determined by the trustees, and collected by the di?!trict 



16 SCHOOL LAW. 

clerk, by an action in debt therefor, in any court having 
jurisdiction, in his name as district clerk, together with 
the costs of said action. 

ARTICLE VII. 

BOARDS OF EXAMINERS. 

State Board ^^' '^'^^ ^^ ^^ eno.cted. That there shall be a State Board 
of Exam- of Examiuers, consisting of the State Superintendent of 
Ireland how Public lustructiou and the Principal of the State Kormal 
constituted.! g^l^QQl . ^Y\Qy shall have power, and it shall be their 
duty, to hold examinations of teachers, and to grant 
State certificates or revoke the same, under such rules 
and regulations as the State Board of Education may 
prescribe, and a certificate thus granted shall entitle the 
holder, without further examination, to teach in any 
part of the State, so long as the certificate remains valid 
by the terms thereof, and in any school not of a higher 
grade than that for which the certificate represents him 
as qualified. 
County 49. Jind be it enacted,, That there shall be in each county 

fmlnertfts'a Couuty Board of Examiners, which shall be composed 
how^coMtl of the County Superintendent, wdio shall, ex officio, be 
tuted. chairman, and of a number of teachers, not to exceed 
three, to be appointed by him, who shall hold office for one 
year from the time of their respective appointments ; but 
no person shall be appointed as County Examiner unless 
he holds either a State or a first grade county certificate ; 
the County Superintendent shall fill vacancies that occur 
from absence or other causes, but if he cannot find any 
teacher in his county qualified under the provisions of 
this section willing to serve, he shall conduct the exam- 
ination himself; the Board shall meet at such times and 
places as may be designated by the chairman, and shall 
hold a session at least as often as once in every three 
months, and at the place and during the session of any 
teachers' institute held in the county; each member of 
the board, except the County Superintendent, shall be 
paid for his services, in addition to his travelling 
expenses, a sum not exceeding three dollars for each 
session of said board, to be paid by the County Collector, 
on the order of the County Superintendent ; 'provided, 
that this compensation shall be paid only for the regular 
quarterly examinations ; and that whenever said board 
shall hold sessions at any other time, no compensation 
shall be allowed from the county ; but in cases of such 
special examinations, said board may charge each appli- 



SCHOOL LAW. 17 

eant ao examiuation fee not exceeding two dollars ; the 
Gomnty Board of Examiners shall have power to conduct 
examinations and to grant certificates of diiFerent grades, 
in accordance with the general regulations on the subject 
prescribed by the State Board of Education, and the 
highest grade of certificate thus granted shall entitle the 
holder, without further examination, to teach in any 
part of the State so long as this certificate remains va,lid, 
and in any school not of a higher grade than that for 
which the certificate represents the holder as qualified ; 
any county certificate lower than the highest grade will 
only entitle the holder to teach a school of a corres- 
ponding grade in the county for which such certificate 
was granted. 

50. And he it enacted, That in every city having aoityBoard 
Board of Education governed by special laws, there shall nert''itrdu- 
be a City Board of Examiners, to consist of such *'o''^^j'^°^^tg°,^ 
members as said Board of Education of that city may 
appoint ; said Examiners shall have power, subject to 

such rules and regulations as may b6 prescribed hy the 
City Board of Education, to grant certificates of qualifi- 
cation, which shall be valid for all schools of that city ; 
and no teacher shall be employed in any of the schools 
of that city unless possessing such certificate, or a State 
certificate, nor in any school of a higher grade than that 
for which said certificate represents the holder to be 
qualified ; any City Board of Examiners may recognize 
the certificates of any other city, and, without examina- 
tion, issue to the holders certificates of a corresponding 
grade. 

ARTICLE VIII— SCHOOLS. 

STATE NORMAL SCHOOL. 

51. And be it enacted, That there shall be a i\^ormal Normal 
School, or seminary, for the training and education ofobjea!'''* 
teachers in the art of instructing and governing the 
common schools of this State, the object of which 
Normal School or seminary shall be the training and 
education of its pupils in such branches of knowledge, 

and such methods of teaching and governing, as will 
qualify them for teachers of our common schools. 

52. And be it enacted, That there shall be a Board ofTr^teescf 
Trustees of said Normal School, to consist of two trustees spL^?™^ 
from each congressional district; the trustees already 
appointed shall continue in oflice severally for the terms 

for which they shall have been appointed, namely, five 



18 SCHOOL LAW. 

whose terms expire in eighteen hundred and sixty-eight, 
and five whose terms expire in eighteen hundred and 
sixty-nine ; and annually hereafter, in the place of those 
whose terms are about to expire, the Governor shall 
■nominate and, by and with the advice and consent of the 
Senate, shall appoint one trustee of said school from 
each congressional district, to hold office severally for 
the term of two years and until their successors are 
appointed, so that there shall always be two trustees 
from each congressional district; and in case of any 
vacancy by death, resignation, or otherwise, a successor 
for the unexpired term shall in like manner be appointed; 
the State Superintendent of Public Listruction shall be 
CK officio a member of said Board of Trustees. 
eoiuFens:'.- 53. Aud be it enacted, That the said trustees shall 
tion. receive no compensation for their services, but the 

expenses necessarily incurred by them in the discharge 
of their duties shall be defrayed out of the funds herein- 
after appropriated for the support of said school. 
Tiueteesto 54. Aud be U enacted, That to the said Board of Trus- 
^w^orthe^Ges shall be committed the control and use of the 
scbS^f buildings aud grounds owned and used by the State for 
the use of the Normal School, the application of the 
funds for the support thereof, the appointment of teachers 
and the power of removing the same, the power to pre- 
scribe the studies and exercises of the school, and rules 
for its management, to grant diplomas, to appoint some 
suitable person treasurer of the board, and to frame and 
-modify at pleasure such by-laws as they may deem neces- 
sary for their own government ; and they shall report 
Ancnaiie- annually to the Legislature their own doings and the 
poft- progress and condition of the school. 

Numbei of 55. And be it enacted, That the number of pupils shall 
.pnpiiE. ^Q^ exceed three for each member of the Senate and 
(General Assembly; aud each county shall be entitled to 
fill three times as many seats in the school as it has 
representatives in the Legislature ; the applicants shall 
give, on admission, a written declaration, signed with 
their own hands, that their object in seeking admission 
to the school is to qualify themselves for the employ- 
ment of public school teachers, and that it is their 
intention to engage in that employment in this State for 
.at least tw'o 3'oars. 
«upiKbow 5<i. Jina oe it enacted, That at the opening of each term 
admitted!. ^^f..|^jie js^ormal School, the principal, with his assistants, 
:6h«! I, proceed to examine applicants, and to admit to the 



SCHOOL LAW. 10 

school such as appear to be possessed of the proper 
qnalifications, to the number to which each county may 
be entitled. 

57. And be it enacted, That in case any county is not vacancies, 
fully represented, additional candidates may be admitted i^o^^ ^"^4. 
from other counties on sustaining the requisite exam- 
ination. 

58. And be it enacted, That the Board of Trustees shall Trustees to 
appoint and procure the number of teachers which may teachers for 
be necessary to carry out, in the best and highest sense, If^St! 
the purposes and designs of this act, and shall furnish, 

for the use of the pupils, the necessary apparatus and 
text books, so far as the funds hereafter to be named and 
appropriated for the support of the school will allow; 
and the tuition in the Normal School shall be gratuitous. 

59. A7id be it enacted. That the Board of Trustees are Model 
authorized to maintain a Model School, under perma- '' °°' 
sent teachers, in which the pupils of the Normal School 
shall have opportunity to observe and practice the modes 

of instruction and discipline inculcated in the Normal 
School, and in which pupils may be prepared for the 
Normal School. 

60. And be it enacted, That for the support of thcAppropiia. 
Normal School, and to carry out the purposes and*'"""' 
designs of this act, there is appropriated hereby the 
annual sum of ten thousand dollars, to be paid out of 

the treasury of the State upon the warrant of the Comp- 
troller. 

GRADED SCHOOLS. 

61. ^^7id be it enacted, That any two or more districts, Grad^^ ^ 
by a majority vote of the inhabitants at a meeting regu- established 
larly called or advertised by the County Superintendent, t^n^^'*' 
or superintendents of the county or counties in which 

said districts are situated, may cause to be established 
and maintained a graded school, which shall be entitled, 
according to the number of children in attendance, to 
its proper share of the State appropriation, and of the 
township school taxes belonging to the districts which 
have caused said graded schools to be erected ; and a 
school thus established shall be governed by a joint 
board, composed of the trustees of the combining dis- 
tricts, and subject to such regulations as they may 
prescribe. 

DISTRICT SCHOOLS. 

62. And be it enacted. That the inhabitants of every 
school district ihall be required to provide a suitable 



2i| SCHOOL LAW. 

inhahitents scliool building and outhouses for the accommodation of 
pro^dT^B^t. their children ; and in case such buildings are not 
building' provided, or those already in use shall be pronounced by 
the County Superintendent, and a majority of the Trus- 
tees of said district, unfit for the purposes for which 
they are applied, such district shall be deprived of the 
benefit of that part of the State appropriation derived 
from the revenues of the State, until suitable buildings 
shall be erected. 
schooistob« 63. And be it enacted, That no school district shall be 
five*months. entitled to receive any part of the State appropriation 
mJnthsin which shall not have maintained a public school for at 
free school least fivc mouths during the then next precedina; school 

bill. Sea •111,, ® T ■ -,• • 

Seel.) year; provided, that any new district, or a district m 
which the school is discontinued on account of the 
repairing of an old, or the erection of a new school 
building, shall not be deprived of its full share of the 
public school funds on account of the restrictions of this 
section. 

schoei year. 64. Jijid he U enacted. That the school year shall begin 
on the first day of September, and end on the last day 
of August. 

AETICLE IX— REVENUE. 

STATE APPROPRIATION. 

Trustees of 65. Jlud ht it cnactcd, That the Governor of this State, 
the President of the Senate, the Speaker of the House 
of Assembly, the Attorney General, the Secretary of 
State and the Comptroller, and their successors in office, 
be and they are hereby constituted and appointed Trus- 
tees of the fund for the support of public schools in this 
State, arising either from appropriations heretofore made, 
or which may hereafter be made by law, or which may 
arise from the gift, grant, bequest or devise of any person 
or persons whatsoever, which trustees shall be known by 
the name, style and title of " The Trustees for the sup- 
port of Public Schools;" provided, that it shall not be 
lawful for any teacher, trustee or trustees to introduce 
into, or have performed in, any school receiving its 
proportion of the public money, any religious service, 

Religious ceremony or forms whatsoever, except reading the Bible 

©eremony. ^^^ repeating the Lord's Prayer. 

School fraid, 66. And be it enacted, That the public stocks and 

tttt*/""^**' iiio'i^y^ heretofore appropriated by law, shall constitute 
the funds in the hands of the trustees appointed by the 
foregoing section of this act, and shall be held by the 



the School 
Fnnd. 



SCHOOL LAW. 21 

said trustees in trust ; the interest and dividends arising 
therefrom to be applied by the said trustees, or a majority 
of them, for the support of public schools in this State, 
in the mode now prescribed or hereafter to be prescribed 
by any act or acts of the Legislature, and for no other 
use or purpose whatsoever. 

67. Jind be it enacted, That the fund above mentioned, *inTastmeHt 
together with all the moneys which shall be received bypand.*° 
the Treasurer in payment of the principal or interest of 

the bank or turnpike stock belonging to the fund for 
the support of free schools, all the taxes which may 
hereafter be received into the treasury from any of the 
banking and insurance companies in this State, the 
capital stock of which now is, or hereafter may be, liable 
by law to be taxed, all appropriations to the said fund, 
made or to be made by any law ot this State, and the 
amount of all gifts, grants, bequests or devises hereafter 
made by any person or persons to the said trustees, for 
the purposes contemplated by this act, shall be invested 
by the Treasurer of this State, under the direction of the 
said trustees, or a majority'' of them, in the bonds of the 
United States, or of JS"ew Jersey, or in bonds secured by 
mortgage on land in New Jersey, the interest thereof to 
be applied to the support of the public school, in theTobeased 
mode which now is, or may hereafter be directed by law, p^rtof pub- 
and to no other use or purpose whatsoever ; an account ^'° ^'*^''^*' 
of the management of the said fund shall be laid before 
the Legislature, with the annual statement of the Treas- 
urer's accounts ; and no compensation shall be paid to 
said trustees or treasurer for any services performed in 
pursuance of the direction of this act ; and all invest- 
ments of money and property belonging to said fund 
now held or existing in the name of " The Trustees forchangoof 
the support of Free Schools," are hereby and shall here-*'*^*" 
after be vested in and held, and any proceedings or 
action whatever, relative thereto, may be taken, had, 
made and maintained by said trustees, in the name or 
" The Trustees for the support of Public Schools." 

68. And he it enacted. That the Treasurer of this State Report con- 
shall annually make and furnish to the Board of Tru8-s^|^ft,nd. 
tees for the support of Public Schools, on the first day 

of the stated annual meeting of the Legislature, and at 
such other times as the majority of the said trustees shall 

* By the act entitled " Aa act to increase the School Fund of this State," passed April 6, 
1871, all moneys received from the sale of lands belonging to tha State are placed to the 
■credrt of th« School Fuud, 



22 SCHOOL LAW. 

require the same, a particular statement of the scho&l: 
fund, containing an account of the securities belonging 
to said fund, with the dates of investment, their value, 
and the interest arising from each denomination of secu- 
rities, together with an account of the moneys in the 
treasury belonging to said fund. 
Secretary of 69. And be, U enacted, That the Secretary of State be 
the.Board, ^^^^ j^g jg hereby constituted and appointed Secretary of 
the said Board of Trustees, whose duty it shall be to 
record, in a book to be kept for that purpose, the pro- 
ceedings of the said board, and the accounts to be 
furnished by the Treasurer as hereinbefore directed. 
Trustees to 70. Jliid be U tnactcd, That it shall be the duty of the 
f^mXi*'^ trustees of the school fund of this State, on or before 
l^^^^^'i'^the first Monday of April in every year, to appropriate^ 
(Chang^to out of tlic annual income for the support of the public 
^0,000.) schools, the sum of forty thousand dollars ; and if the 
annual income of said fund shall not have been received 
in full, or shall be insufficient for that purpose, then the 
said trustees are hereby authorized and empowered to 
draw for any sum necessary to make up the deficiency, 
by warrant, signed by the Comptroller, upon the Treas- 
urer of the State, who is directed to pay the same, which 
sum so drawn from the treasury aforesaid shall ba 
replaced by the annual income of said school fund, so 
soon as the same shall be received. 
$60,000 ap- 71. And be it enacted, That from the revenue of the 
from"he^'^ State the sum of sixty thousand dollars per annum shall 
^chMle^'to ^^ appropriated, in addition to the sum of forty thousand 
$65,000.) dollars from the annual income of the school fund, as 

mentioned in the preceding section of this act. 
Trustees to 72. And be it enacted. That the Trustees of the School 
tpt^pru-^ Fund of this State shall have authority to divide the 
*'on- aforesaid sum of one hundred thousand dollars into two 

or more annual instalments, which shall be paid by the 
State Treasurer to the several county collectors, on the 
warrants of the State Comptroller. 
T^aciiei-s' 73. And be it enacted, That for the purpose of defraying 
the expenses of teachers' institutes, the procuring of 
teachers and lecturers for said institutes, and other neces- 
sary expenses of the same, the State Superintendent of 
Public Schools may draw upon the Treasurer of the State 
for a sum not exceeding one hundred dollars for any on^ 
institute ; and the said amount may be paid annually 
thereafter, in like manner, to one teachers' institute in 
any county, or in any two or more adjoining counti^es of 



iBstitutee. 



. SCHOOL LAW. 2S 

this State, the same to be paid by the Treasui-er out of 
the revenue of the State. 

74. Jind be it enacted, That the State Coraptrolter, state oamp. 
annually, after having received from the State Superin-^aw^^l'^r- 
tendeiit of Public Instruction a statement of the appo^*- ^re^^re^*^ 
tionment of the State appropriation among the several 
counties, shall draw his warrant on the State Treasurer, 

in favor of the county collector of any couuty, for the 
portions to which said county is entitled, whenever such 
county collector shall present an order for the same, 
drawn by the State Superintendent of Public Instructioii 
in favor of such county. 

75. And be it enacted, That the county collector of eaeh county coi- 
county shall receive and hold in trust that part of the celve Im ''^' 
State appropriation belonging to his county, and shall j^j^g'gt^teX- 
pay out the same to the collectors of the several town- pr°p"ation. 
ships, and to the city treasurers of the cities of his county, 

only on the orders of the County Superintendent ; pro- 
vided, that in townships where there are less than twc^o^'nsiiips 



■with Jess 



hundred children, between the ages of five and eighteen, Than 2m 
the inhabitants may raise such a sum per child as will ^'^''''•^'^°- 
be sufficient to maintain their schools. 

TOWNSHIP TAX. 

76. (Repealed. See Sec. 14 of Free School Law.) 

77. Jin.d be it enacted, That the several townships iniw^erestof 
this State are authorized and required to appropriate the revenue to 
interest of the surplus revenue received by them, andatedto'^"'^"' 
from other funds not raised by tax, such sums for the ^'-^''°'''- 
support of the public schools as they shall order and. 
direct at their annual town meetings, in addition to the 
amount received from the State appropriation, and the 
amount which they raise by tax. 

78. And be it enacted, That it shall be the duty of theTownsWp 
township collector of each township to receive and hold re°cewe°and ** 
in trust all school moneys belons^iuff to the township or ^°''! '^^ *^"??* 

p , - . . -J I' I -t • T f ""^^l township 

to any ot the districts thereoi, whether received Irom school 
the State appropriation, from township or district tax, or^c?cfofiree 
from other sources, and to pay out the same only on the ^''^""^ '^'^■' 
orders of the district clerks of the several districts of his 
township, which order shall specify the object for which 
it is given, and shall be signed by at least one other 
trustee beside said clerk, and shall be made payable to 
the order of, and be endorsed by the person entitled to 
reeeive it, and he shall, on the order of the township 
committee, pay over any balance of school funds 



24 SCHOOL LAW. 

Accontits, remaining in his hands, to his successor in office, and he 
^ ^^*" shall procure a suitable book, in which he shall keep a 
separate account with each school district in his town- 
ship, crediting each with the amounts apportioned to it 
by ihe County Superintendent, and the amount raised 
by tax in the district, and charging each with the orders 
paid for said district, and he shall present his accounts 
to be examined and settled by the township committee 
at the close of the year, a copy of which settlement, 
certified by the committee, showing the amounts 
received, the amounts expended by him for school 
purposes during the year (and the balance remaining in 
his hands), he shall transmit said copy within ten days 
to the County Superintendent, and another copy of the 
same he shall file with the clerk of the township, and as 
t^r°**' compensation for such service, the township collector 
shall be entitled to receive three-fourths of one per 
centum on all school funds received and paid out by him 
for such purposes during the year, to be paid by the 
township committee from the funds of the township. 
*pubiic T9. And be it enacted, That not more than twenty 

moneys, how dollars aunuallj' of the State or township school moneys 
used. received for any school district, shall be used for any 

other purpose than the payment of teachers' salaries. 

DISTRICT SCHOOL TAX. 

District 80. Jind be it enacted^ That the legal voters of each 

whonX'w district are hereby authorized and required to meet on 
ajj'^fo^jbatthe Tuesday of the week following the annual town 
cajied. meeting, for the purpose of determining what additional 
school tax, if any, shall be levied upon the district; said 
meeting shall be held at some convenient public place 
within the district, and notice thereof, setting forth the 
time, place and object of such meeting, shall be 
given by the district clerk, and set up in at least three 
public places within the district ten days before the day 
of meeting; and the said inhabitants, so met, shall have 
power, by the consent of the two-thirds of those present, 
to authorize the trustees of said district to purchase land 
for school purposes, to build, enlarge or repair a school 
house or school houses, and to borrow money therefor, 
or to sell or mortgage a school house or school houses, 
and to raise by taxation for these purposes, or to pay a 
debt of the district incurred for such purpose, and for 

* Fiiol bills may also be paid ont of the public schciol monpys. See Sec. 10 of free 
school law. 



SCHOOL LAW. 25 

the current expenses of the school or schools, such sum 
of money as two-thirds of the inhabitants so assembled 
shall agree to ; and in case any money shall be ordered 
by a vote of two-thirds of said meeting, to be raised by 
taxation, the district clerk shall make out and sign a 
certificate thereof, under oath or affirmation that the 
same is correct and true, and deliver the same to the 
assessor or assessors of the township or townships in 
which said district is situate, and to the County Super- wetriot 



intendent, which said assessors shall assess on theanJ^.® 
inhabitants of said school district and their estates, and'®''**** 
the taxable property therein, in the same manner as 
township taxes are assessed, such sum of money as shall 
have been ordered to be raised by the said meeting, in 
the manner aforesaid ; and said money shall be assessed, 
levied and collected at the time and in the manner that 
other township moneys are assessed, levied and collected; 
and it shall be the duty of the collector or collectors of 
the township or townships in which said district is 
situate, to pay over all moneys by him or them received, 
which shall have been assessed by virtue of such vote of 
a district meeting as aforesaid, on the order of the 
district clerk of said district, to be used for the purpose 
directed by the district meeting so held as aforesaid. 

81. And be it enacted^ That no teacher shall be permitted conwiai 
to inflict corporal punishment upon any child in any^*^"^' ^^^ ' 
school in this State. 

82. And be. it enacted. That all acts and parts of acts general ^_^ 
heretofore passed, of a general character, on the suoject repealed. "" 
of public schools and of the Normal School and its 
appropriations, are hereby repealed. 

83. And be it enacted, That this act shall go into effect 
immediately. 



An Act to make free the Public Schools of the State, 
and supplemental to the act entitled "An act to 
establish a system of Public Instruction," approved 
March twenty-first, one thousand eight hundred and 
sixty- seven. 

1. Be it enacted bj/ the Senate and General Assembly of 
the State of New Jersey/, That for the purpose of main- Free im*i|p 
taining free public schools, there shall be assessed, levied SSiiS^ 
and collected, annually, on the inhabitants of this State, 
and upon the taxable real and personal property therein, 



26 . SCHOOL LAW. 

as exhibited by the last abstracts of ratables from the 

several counties, made out by the several Boards of 

Assessors, and filed in the office of the Comptroller of the 

§taie school Treasury, a State school tax of two mills on each dollar 

° of the valuation contained in said abstracts, which tax 

shall be assessed, levied and collected at the same time 

and in the same manner in which other State taxes are 

assessed, levied and collected, and shall be in lieu of all 

township school taxes imposed by the act to which this 

is a supplement; but if the moneys received by any 

township from the tax imposed by this act shall not be 

Eree sciioois sufficleut to maintain free schools, for at least nine months 

ui^fTi^^e i^^ each year, then the inhabitants thereof shall raise, by 

months., township tax, such additional amount as they may need 

Township ^ov that purpose, in the same manner as such taxes have 

tax required }jQpQ|;QfQpe bcen raised; a,ud if the inhabitants of any 

in case the . ' "^ 'in 

State tax is towuship, at tlicir annual town meeting, shall not pro- 
lieau ' vide for the raising of such necessary additional amount, 
then the County Superintendent of the county wherein 
Penalty in such towusliip is situatcd shall, unless the State Board of 
ship does not Education shall, for good cause shown, otherwise direct, 
^oun'tV shall withhold from" such township all that part of the 
quired. state appropriation derived from the revenue of this 
State, and shall apportion and distribute the same among 
such of the townships in said county as shall have com- 
plied with the requirements of this act. 
©omptroiier 2. ^ud be it encwted, That it shall be the duty of the 
th/sutoux Comptroller aforesaid to apportion the said tax, and at the 
me^^*''''" ^'^^® aforesaid, among the several counties, in proportion 
to the amount of taxable real and personal estate of said 
counties^ respectively, as shown by the abstracts, respec- 
statementoftively, as aforesaid ; and it shall be his further duty to 
me^t'^toTe transmit, on or before the first day of May of each year, 
sent to the to thc Couuty Collcctor of each county, a statement of 
ectors. ^^^ amount of said tax apportioned to said county ; and 
said County Collector shall lay said statement before the 
cpiiectorto Board of Assessors of the townships and wards, within 
Sent*bS^ore hls county, at their next annual meeting to apportion 
^"sisfs ^^^® taxes among said townships and wards, and said 
ABBeesor^to Asscssors shall thercupon proceed to apportion said school 
^d°MseM taxes as other taxes are apportioned, and to assess the 
tiietax. same according to law. 

•Mtectorsto ^- '^^^ ^^ ^^ macted, Tliat it shall be the duty of the 

Bay State County Collcctors of the several counties of this State, to 

^asnrer. ^ pay to the Treasurer of this State the quotas due fresaa 

their respective counties, of the taxes imposed by this 



school 
money. 



SCHOOL LAW. 2T 

aet, on or before the first day of January, annually, next 
ensuing the assessment thereof. 

4. And be it enacted, That it shall be the duty of the state snp't 
State Superintendent of Public Instruction, under the gohoorfun'S 
direction of the trustees of the school fund, on or before ^ *=°'^°*'^- 
the first day of January of each and every year, to 
apportion the moneys received from the tax imposed by 

this act among the several counties of this State, in pro- 
portion to the number of children included in the last 
published school census of the said counties, respec- 
tively ; provided, that all the children residing in proTiso. 
fractional districts, situated in two or more adjoining 
counties, shall be included in the census of that county 
in which the fraction containing the school house is 
situated; and it shall be his further duty, on or before state snp-t 
the tenth day of January of each and every year, to d^s for 
draw orders on the Comptroller of the Treasury, and in" " "' 
favor of the County Collectors, for the payment of the 
money thus apportioned ; and the said County Collectors 
shall apply for and be entitled to receive the moneys 
thus apportioned, as soon as the orders for the same are 
received ; and provided further, that no portion of said sciiooi ^^^ 
moneys shall be apportioned to or be used for the to be used 
support of sectarian schools. schooiL'.*'**^ 

5. And he it enacted, That it shall be the duty of the county sn'ts 
County Superintendent of each county, to apportion to schoor"^ ""^ 
the several townships of his county, and to the towns Sicts.** 
and cities therein not included in said townships, and 

also to the several school districts, the State school 
money, together with the interest of the surplus revenue 
belonging to said county, and such other moneys as may 
be raised for school purposes, upon the basis of the last 
published school census ; provided, that all the children proriso.. 
residing in fractional districts, situated in two or more 
adjoining townships, shall be included in the census of 
that township in which the fraction containing the school 
house is situated ; and provided also, that no district, no districts 
except those which have less than forty-five children, ^\°f^^'j3*^® 
shall receive less than three hundred and fifty dollars ; ^^^^^l^^^^ 
and it shall be his further duty, on or before the tenth receive less 
day of February of each and every year, to draw orders *^^'^'^ * 
on the County Collector, and in favor of the Township countySup't. 
Collectors and City Treasurers of his county, for the ^^'^'^f^® *^' 
payment of said moneys so apportioned, and said school 
collectors and tre isurers shall apply for and be entitled 
to receive the same as soon as such orders are received. 



m . SCHOOL LAW. 

Money fm- 6. And bt U efiacitd, That all school moneys belongiag 
totiicu to *o fractional districts shall be held subject to the order of 
^Bjioid b^3r^^ the trustees by the collector of that township in which 

the fraction containing the school house is situated. 
Gitiefl ami '^' '^^^ ^^ *^ euacted, That in addition of the tax imposed 
■'''¥"c^smay|)y this act, cach city and school district may raise by tax 

rais« school '^■i,, r- i ifii 

tax. such other sums or money as they may need tor school 

purposes, in accordance with the authority granted them 

by the act to which this is a supplement, or by any 

special act applicable to such city school district ; pro- 

•Ej-oticesof vided, that whenever any district school meeting shall be 

in^to^tate^i^ld pursuant to the provisions of section eighty of the 

^mo^t^re- act to which this is a supplement, or at the call of the 

trustees, as provided in the eleventh division of the 

thirty ninth section of said act, it shall not be lawful for 

Amount such meeting to order a greater sum of money to be 

Stxc^r'' raised by district tax than shall have been mentioned 

*°^if"ed ^^^^ designated in the notice of such meeting, set up in 

the manner required by law; and provided further, that 

No meeting wheucver, iu the judgment of the trustees of any 

^'^^I'J'J''"'"^ district, it shall not be necessary to levy a district tax for 

naoessary. gchool purposGs, the district clerk thereof shall not set 

up the notices directed to be given in said section eighty 

of the act to which this is a supplement. 

„,.,., 8. ^^nd be. it enacted. That no school district shall here- 

to be formed after be formed which shall contam less than seventy-five 

than 75' chii- children, between five and eighteen years of age, and 

^^'^ that after the passage of this act, each incorporated city 

Every city Or towu shall constitutc but one school district for all 

-!oMtTtute school purposes, and that such consolidated district shall 

butonedi8- hold all the property and be liable for all the lawfal 

debts of the district so consolidated, 
xotuitio. 9. And be it enacted, That after the expiration of the 
«te*°d* present school year, it shall not be lawful to charge 
tuition fees for the support of public schools in this 
A]! schools State, but that all such schools shall be free to all 
t» be free. pg^gQQg q^q^ five aud undcr eighteen years of age, 
residing within the district, so long as such schools can 
be thus maintained with the public school funds. 
SiAooi ^^- -^^^ ^^ ^^ enacted, That not more than twenty dol- 

i^neys.howiars, aunually, of the school moneys received by any 
school district, except such as may be raised within the 
district, shall be used for any other purpose than the 
payment of teacher's salaries and ior purchasing fuel. 

11. And be it enacted. That in case any school district or 
city shall use any of the school money apportioned t@ it 



SCHOOL LAW. 20 

for any otlier than public school purposes, such district school 
or city shall forfeit, out of the next annual apportion- Sed?'^' °^ 
ment, a sum equal to twice the amount thus used ; and 
it shall be the duty of the County Superintendent to Penalty, 
re-apportion the money thus forfeited, among the other state supt 
districts and cities of his county ; provided, the State p" ^u!™ 
Superintendent may remit such penalty for cause. 

12. And be it enacted^ That in case of the failure of any Penalty m 
District Clerk or City Superintendent to send his annual cferk or city 
report to the County Superintendent of his county, in the ^"a^kerCTor^ 
form prescribed, on or before the first of September, 

such County Superintendent shall make up his report 
for such district or city, from the last published report of 
the State Superintendent; in making up such report, 
however, he shall deduct one-fifth from the school 
census ; provided, however, that all such cases of delay or 
nesrlisrence shall be reported to the State Superintendent state sup'i 

p T-» 1 TT, I • ^ T • ^ ^^ \ • • may remit 

ot i:'ubLic instruction, whose duty it shall be to mvesti- penalty, 
gate the same and to restore the number deducted from 
thelschool census, in all cases when he receives satisfac- 
tory reasons for such delay or negligence. 

13. And be it aiacied, That the County Superintendent countjSup-t 
shall have power to administer all necessary oaths or ?" Ldmln^-"^ 
aflirmations to district clerks and other school oflicers. '^*"°^^''- 
for which he shall receive no compensation. Eepoaicr. 

14. And be it enacted, That section seventy-six, together 
with such other parts of the act to which this is a supple- 
ment, and all other acts or parts of acts as are in conflict 
with the provisions of this act, be and the same are 
hereby repealed. 

15. A?id be it enacted, That this act shall take eflect 
immediately. 

Approved April 6, 1871. 



An Act to encourage the iormatiou of Libraries in the 
Free Public Schools of JS'ew Jersey. 

1. Be it enacted by the Senate and General Assembly o/ when state 
the State of New Jersey, That the Treasurer of the State, .^"^eoTtJi-s 
upon the order of the State Superintendent of Educa- ^n state 
tion, is hereby authorized and directed to pay over the. fJrr"'"^"''"^ 
sum of twenty dollars out of any money that may be in 
the public treasury, to every school district which shall Districts t« 
raise by subscription a like sura for the same purpose, to J'^lTcfSl'ik 



iO 



SCHOOL LAW. 



Selection of 
ibooks and 
apparatus. 



TrusteeB to 
make rules. 



establish within such district a school library, and to 
procure philosophical and chemical apparatus., and the 
further sum of ten dollars annually, upon a like order, 
to the said districts, upon condition that they shall hare 
raised by subscription a like sum for such year, for the 
purpose aforesaid. 

2. And be it enacted, That the selection of books and 
apparatus shall be approved by the school trustees of 
such district. 

3. And be it enacted, That the school trustees of each 
district shall make proper rules and regulations for the 
management, use and safe keeping of such libraries. 

4. And be it enacted, That this act shall take effect 
immediately. 

Approved April 6, 1871. 



An Act to increase the School Fund of this State. 

1. Be it enacted by the Senate and General Assembly of 
the State of New Jersey, That all moneys hereafter received 
from the sales and rentals of thr land under water, 
belonging to this State, shall be paid over to the Trus- 
tees of the School Fund, and appropriated for the 
support of free public schools, and shall be held by 
them in trust for that purpose, and shall be invested by 
the Treasurer of the State, under their direction, in the 
same manner as the funds now held by them are 
invested ; the same to constitute a part of the perma- 
nent school fund of the State, and the interest thereof 
to be applied to the support of public schools, in the 
mode which now is or hereafter may be directed by law, 
and to no other use or purpose whatever. 

2. And be it enacted. That all acts and parts of acts 
inconsistent with this act, be and the same are hereby 
repealed 

3. And be it enacted, That this act shall take effect 
immediately. 

Passed April 6, 1871. 



TABLE OF CONTENTS. 



THE SCHOOL LAW. 

Approved March 21, 1867. 
Board of EiAwiNERs — Page. 

State Board of Examiners, duties of, section 48 16 

County Boards of Examiners, section 49 16 

City Boards of Examiners, section 50 If 

CoDNTY Superintendents — 

How appointed, section 19 8 

Term of office, section 19 8 

Salary, section 20 9 

Apportionment of school moneys to townships and cities, section 21 9 

Apportionment to school districts, section 22 9 

Orders on county collector, section 23 9 

To license teachers, change school districts, and provide for graded 

schools, section 24 9 

To appoint trustees to fill vacancies, section 25 10 

Power to withhold school moneys, section 26.. 10 

Students for Agricultural College, section 27 10 

Appeal from his decision, section 28 10 

To make an annual report, section 30 10 

Corporal punishment prohibited, section 81 26 

District Schools — 

Inhabitants to provide suitable buildings, section 62 20 

Schools to be kept open five months, section 63 20 

Duration of school year, section 64.., 29 

-District School Tax — 

How to be determined, section 80 25 

How assessed and collected, section 80 25 

■Graded Schools — 

How established and maintained, section 61 19 

Model School — 

Authority to maintain a — section 59 , 19 

Normal School — 

Object of, section 51 17 

Trustees of, how appointed, section 52 17 

CompeneatioQ of trustees, section 53 18 

Superrision of the Normal School, section 54 18 

Annual report of trustees, eection 54 18 

Limitation of pupils, section 55 18 

-Admission of pupile, section 56 18 



TABLE OF CONTENTS. 

Page. 

How vacancies may be filled, section 57 19 

Teachers for Normal School, section 58 19 

Text books to be furnished by trustees, section 58 19 

Annual appropriation for Normal School, section 59 , 19 



Phpils^- 



To comply with the regulations and submit to the authority of the 

teacher, section 47 15 

Eeligious ceremonies prohibited in schools, section 65 20 

Eepeal of general school laws, section 82 26 

Fund — 

Trustees of — section 65 20 

How constituted, section 66 21 

Investment of, section 67 21 

State Treasurer 10 make annual statement of, section 68 22 

Secretary of State to be Secretary of Board of Trustees, section 69 22 

Trustees to appropriate $40,000, section 70.., 22 

Appropriation of $60,000 from the Treasury, section 71 22 

Division of State appropriation, section 72 22 

Expenses of Teachers' Institutes, section 73 22 

State Comptroller to draw warrant, section 74 23- 

County Collectors to receive and hold in trust the State appropria- 
tion, section 75 2S 

School Trustees — 

When and how elected, section 31 11 

Term of office, section 32 , 11 

How elected in new districts, section 33 11 

Election of District Clerk, section 34 11 

Duties of District Clerk, section 35 11 

Eeport to County Superintendent, section 35 11 

District census of children, section 36 12 

Repairs and supplies, section 37 12 

Duties of School Trustees, section 39 , 13 

Township Board of Trustees, section 40 14 

State Association 

Of School Superintendents, section 29 , 10 

State Board of Education — 

How composed, section 1 5 

Powers and duties, section 2 5 

Compensation, section 3 6 

Annual report, section 4 6 

iiATE Superintendent — 

How elected, term of office and salary, section 5 6 

Location of office, section 6 6 

Officer ex officio, section 8 , 6 

Supervision of schools, section 9 6 

To apportion state school moneys, section 10 7 

When and how school moneys are to be withheld, section 11 7 

To furnish school officers with blanks and forms, section 12 7 

To decide disputes, section 13 7 



TABLE OF CONTENTS. 33 

Page. 

To collect books and apparatus, section 14 8 

Preservation of school documents, section 15 8 

Seal of office, section 16 8 

To make annual repoi't, section 17 8 

Delivering property of office to successor, section 18 8 



Teach ER- 



To keep school registers, section 41 14 

To report to County Superintendent, section 42 14 

To hold a teacher's certificate, section 43 14 

School month and holidays, section 44 14 

To hold pupils accountable for their conduct, section 45 15 

Dismissal of teachers, section 46 , 15 



Township Tax — 

How to be raised, section 76 23 

Penalty for failure to raise, section 77 24 

Township Collector to receive and hold in trust all township school 

moneys, section 78 24 

How public school moneys shall be used, section 79 25 

FREE SCHOOL LAW. 

Approved April 6, 1871. 
Free Public Schools- 
How to be maintained, section 1 25 

State tax, how apportioned, section 2 20 

Collectors to pay tax to State Treasurer, section 3 26 

School fund, how apportioned, section 4 27 

County Superintendents to apportion to districts, section 5 27 

Additional tax may be imposed in cities and districts, section 7.... 28 

Number of children to constitute school district, section 8 28 

Tuition fees not to be charged, section 9.. 28 

School moneys, how used, section 10 28 

Penalty for misuse of school money, section 11 29 

Penalty for negligence of District Clerk or City Superintendent, 

section 12 .' 29 

LIBRARIES. 

Approved April 6, 1871. 

How to be established, section 1 29 

School trustees to make rules, section 3 30 

SCHOOL FUND. 

Passed April 6, 1871. 

Money arising from sale and rental of lauds under water to be 

paid to School Fund, section 1 30 



LIBRARY OF CONGRESS 



020 312 132 5 ft 



/T^ 



LIBRARY OF CONGRESS 



020 312 132 5 



